Is There a Defence of Public Interest in the Law of Copyright in Singapore?
Saw, Cheng Lim
Citation: [2003] Sing JLS 519
This article essentially examines the question as to whether there is any basis, in principle, for the existence and application of an extra-statutory defence based on the general public interest in the law of copyright in Singapore. The article begins by tracing the history of the defence of public interest that is sometimes raised by defendants in actions for copyright infringement in England. It looks at how the defence at common law- and whether correctly or not- found its way into the U.K. Copyright, Design and Patents Act 1988 and examines the interpretation accorded to it by the English courts. Adopting a comparative approach, the article then examines the issue from the Australian perspective and concludes by asking how Singapore should approach the question of public interest in our domestic law of copyright.